City Council

MINUTES Sand Springs City Council Regular Meeting January 9, 2012 – 7:00 p.m. Sand Springs Municipal Building 100 East Broadway – Room #211 Sand Springs, Oklahoma 74063 MEMBERS PRESENT: Mayor Mike Burdge (12-0) Vice Mayor Dean Nichols (12-0) Councilman Michael Phillips (12-0) Councilman Jesse Honn (12-0) Councilman Harold G. Neal (11-1) Councilman Brian M. Jackson (12-0) Councilman James D. Rankin (12-0) ALSO PRESENT: City Manager Rocky Rogers Assistant City Manager E. Bruce Ford City Attorney David Weatherford Recording Secretary Janice L. Almy ABSENT: None The Sand Springs City Council met in regular session on January 9, 2012 in Room #211 of the Sand Springs Municipal Building pursuant to the agenda filed with the City Clerk’s office and posted at 11:00 a.m. on January 5, 2012, on the bulletin board located in the first floor lobby of the Sand Springs Municipal Building, 100 East Broadway, Sand Springs, Oklahoma 74063. 1. Call to Order Mayor Burdge called the meeting to order at the noted time of 7:00 p.m. 2. Roll Call Mayor Burdge called for an individual roll call with members replying in the following manner: Councilman Phillips, here; Councilman Honn, here; Councilman Jackson, here; Vice Mayor Nichols, here; Mayor Burdge, here; Councilman Neal, here; Councilman Rankin, here.  CITY COUNCIL MINUTES JANUARY 9, 2012 PAGE 2 3. Invocation Following Roll Call, at the request of Councilman Neal, Councilman Rankin delivered the invocation. 4. Pledge of Allegiance Following the Invocation, Mayor Burdge led the Pledge of Allegiance. Following the Pledge of Allegiance, Mayor Burdge recognized Carrie Roland and Ty Hardy of AEP/PSO. Ms. Roland presented a check to the City of Sand Springs for the City’s energy-efficient upgrades to the HVAC system in the Municipal building and LED Traffic Lights projects. City Manager Rocky D. Rogers recognized employees Vernon Smith, T.J. Davis, and Wayne Bennett for their efforts in the various energy-efficient projects. 5. Recognitions A) Mayor Burdge acknowledged the receipt of a plaque from Healthy Eating Active Living Cities Campaign recognizing the City of Sand Springs, Oklahoma as an Eager HEAL City. 6. Board Appointment(s) A) Sand Springs Development Authority (SSDA) 1. Mayor Burdge informed Council of the consideration for the re-appointment of Troy Cox as a representative to serve an unexpired term to July 2014 on the Sand Springs Development Authority. Councilman Phillips questioned when Mr. Cox’s term expired. It was noted that Mr. Cox’s term expired in July 2011, but noted that representatives continue to serve until re-appointed or replaced. A motion was made by Mayor Burdge and seconded by Councilman Jackson that Troy Cox be re-appointed to serve an unexpired term to July 2013 on the Sand Springs Development Authority. Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Neal, aye; Mayor Burdge, aye; Vice Mayor Nichols, aye; Councilman Jackson, aye; Councilman Honn, aye; Councilman Phillips, aye.  CITY COUNCIL MINUTES JANUARY 9, 2012 PAGE 3 The motion carried 7-0-0. 2. Mayor Burdge informed Council of the consideration for the re-appointment of Jerry Riley as a representative to serve an unexpired term to July 2014 on the Sand Springs Development Authority. A motion was made by Mayor Burdge and seconded by Councilman Neal that Jerry Riley be re-appointed to serve an unexpired term to July 2013 on the Sand Springs Development Authority. Mayor Burdge called for the vote recorded as follows: Councilman Phillips, aye; Councilman Honn, aye; Councilman Jackson, aye; Vice Mayor Nichols, aye; Mayor Burdge, aye; Councilman Neal, aye; Councilman Rankin, aye. The motion carried 7-0-0. 7. Consent Agenda (A-L) City Manager Rocky D. Rogers recognized Leon Pfeifer of CoxComm in attendance. Mayor Burdge informed Council that all matters listed under the Consent Agenda to be considered by Council are to be routine and will be enacted by one motion. Mayor Burdge noted that questions or clarification on any consent agenda items could be addressed prior to taking action. Mayor Burdge requested if Council had questions or needed clarification on any consent agenda item or whether any item needed to be considered separate. Councilman Phillips requested Consent Item 7-F be consider separate and noted a correction for Consent Item 7-D, page 4 of the minutes should reflect Consent Agenda Items 9A through 9I. There being no other requests, Mayor Burdge requested a motion regarding Consent Agenda Items 7-A through 7-L, excluding Item 7-F, and the correction to Item 7-D. A motion was made by Councilman Phillips and seconded by Councilman Neal to approve the Consent Agenda Items 7-A through 7-L, excluding Item 7-F, and the correction to Item 7-D, as follows: A. The minutes of the December 5, 2011 special City Council meeting. B. The minutes of the December 12, 2011 special City Council meeting.  CITY COUNCIL MINUTES JANUARY 9, 2012 PAGE 4 C. The minutes of the December 14, 2011 special City Council meeting. D. The minutes of the December 19, 2011 regular City Council meeting. E. The assignment of PSA-Dewberry to Dewberry-Goodkind, Inc. all of PSA- Dewberry’s right, title, and interest in and under the agreements a) 41st Street Sidewalk Connection, b) Pratt 2 Lift Station Improvements, and c) Rolling Oaks Lift Station Improvements; between PSA-Dewberry and the City of Sand Springs. G) The Supplement Appropriations in the General Fund for an increase to the Expenditure – Human Resources line item in the amount of $50,000.00; an increase to the Expenditure – Human Resources line item in the amount of $50,000.00; an increase to the Expenditure – Transfer Out: Capital Improvement Fund line item in the amount of $80,000.00; an increase to the Expenditure – Transfer Out: General Short Term Capital Fund line item in the amount of $180,000.00; and a decrease to the Ending Fund Balance line item in the amount of $310,000.00; and in the General Short Term Capital Fund for an increase to the Revenue – Transfer In: General Fund line item in the amount of $180,000.00; an increase to the Expenditure – Information Service Department *Telephone System line item in the amount of $100,000.00; and an increase to the Expenditure – Emergency Management Department *Generator line item in the amount of $80,000.00; and in the Capital Improvement Fund for an increase to the Revenue – Transfer In: General Fund line item in the amount of $80,000.00; an increase to the Expenditure – Facilities Management Department *Property Purchase (New Project) line item in the amount of $80,000.00. H) The acceptance of the Water and Sanitary Sewer Improvements constructed to serve Phase 3 of Sandel Manufactured Home Park. I) An Agreement between the City of Sand Springs and Dillon Family Services, Inc. for the construction of public parking on 12th Street (East of the front entrance to Woodland Cemetery/North side of 12th Street). J) Resolution No. 12-21 allowing the City Manager to sign the Joint Memorandum of Understanding (MOU) Agreement with the City of Jenks and Center for Employment Opportunities. K) To set a Public Hearing for consideration of petition to annex 200 South Broad Street; adoption of Resolution No. 12-22 calling for Public Hearing to consider annexation of 200 South Broad Street; and approval of the Notice of Annexation to advertise the Public Hearing to consider the annexation of 200 South Broad Street. L) The purchase of “Panasonic Toughbook 31 Fully Rugged Laptop Computers” from the Synnex GSA schedule GS-35F-0143R as part of mobile data project for fire apparatus.  CITY COUNCIL MINUTES JANUARY 9, 2012 PAGE 5 Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Neal, aye; Mayor Burdge, aye; Vice Mayor Nichols, aye; Councilman Jackson, aye; Councilman Honn, aye; Councilman Phillips, aye. The motion carried 7-0-0. Consent Agenda Item 7-F – the authorization for the City Manager to sign the Amendment/Extension Agreement with CoxCom, LLC for an additional five-year term ending January 26, 2019. Councilman Phillips questioned the need to approve the extension two-years prior to the current expiration date. City Attorney David Weatherford informed Council that Federal Statues require CoxCom to provide advance notice of the expiration of the Agreement. It was noted that staff has reviewed and found the Amendment/Extension Agreement in order and presented to Council for consideration. Following discussion a motion was made by Councilman Neal and seconded by Councilman Honn that the requested authorization for the City Manager to sign the Amendment/Extension Agreement with CoxCom, LLC for an additional five-year term ending January 26, 2019, as presented, be approved. Mayor Burdge called for the vote recorded as follows: Councilman Phillips, nay; Councilman Honn, aye; Councilman Jackson, aye; Vice Mayor Nichols, aye; Mayor Burdge, aye; Councilman Neal, aye; Councilman Rankin, aye. The motion carried 6-1-0. 8. Public Hearing(s) City Manager Rocky D. Rogers noted the dollar amounts on the supporting memorandum were reversed. A. General Obligation Refunding Bond – Series 2002 and B. General Obligation Refunding Bond – Series 2003  CITY COUNCIL MINUTES JANUARY 9, 2012 PAGE 6 Mayor Burdge opened a Public Hearing for the purpose of receiving citizen input for issuance of General Obligation Refunding Bond of the City of Sand Springs to refund the outstanding indebtedness of the City of Sand Spring General Obligation Refunding Bonds, Series 2002 and for issuance of General Obligation Refunding Bond of the City of Sand springs to refund the outstanding indebtedness of the City of Sand springs General Obligation Refunding Bonds, Series 2003. John Weidman, Bond Attorney, provided a brief overview of original bonds and the issuance of General Obligation Refunding Bonds, noting estimated savings for tax payers. Councilman Phillips questioned whether there are any election requirements for the refunding of bonds. It was noted there are current no election requirements for the refunding of bonds. It was noted no one had signed or requested to address Agenda Item 8, therefore Mayor Burdge closed the Public Hearing. 9. Ordinance No. 1219 – Snow and Emergency Parking Regulations Assistant Police Chief Mike Carter requested Council’s approval of Ordinance No. 1219, an ordinance adding Section 10.16.280 to the Code of Ordinances of the City of Sand Springs, establishing snow and emergency parking regulations, establishing a penalty, repealing all ordinances in conflict, and declaring an emergency. Councilman Phillips suggested that signage for snow routes be added to current stop or speed limits signs. It was noted that the penalty consisted of the towing of vehicle at the owner’s expense. Following discussion a motion was made by Councilman Neal and seconded by Councilman Rankin that the requested approval of Ordinance 1219, as requested, be approved. Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Neal, aye; Mayor Burdge, aye; Vice Mayor Nichols, aye; Councilman Jackson, aye; Councilman Honn, aye; Councilman Phillips, aye. The motion carried 7-0-0.  CITY COUNCIL MINUTES JANUARY 9, 2012 PAGE 7 10. Wildland Apparatus A. Supplemental Appropriation Fire Chief Mike Wood requested Council’s approval of a supplemental appropriation to the General Fund for an increase to the Expenditure – Transfers Out: General Short Term Capital Fund line item in the amount of $51,000.00 and a decrease to the Ending Fund Balance line item in the amount of $51,000.00; and to the General Short Term Capital Fund for an increase to the Revenue – Transfers In: General Fund line item in the amount of $51,000.00 and an increase to the Expenditure – Fire Department *Fire Apparatus Replacement line item in the amount of $51,000.00. A motion was made by Councilman Jackson and seconded by Councilman Neal that the requested approval of a supplemental appropriation to the General Fund for an increase to the Expenditure – Transfers Out: General Short Term Capital Fund line item in the amount of $51,000.00 and a decrease to the Ending Fund Balance line item in the amount of $51,000.00; and to the General Short Term Capital Fund for an increase to the Revenue – Transfers In: General Fund line item in the amount of $51,000.00 and an increase to the Expenditure – Fire Department *Fire Apparatus Replacement line item in the amount of $51,000.00, as presented, be approved. Mayor Burdge called for the vote recorded as follows: Councilman Phillips, aye; Councilman Honn, aye; Councilman Jackson, aye; Vice Mayor Nichols, aye; Mayor Burdge, aye; Councilman Neal, aye; Councilman Rankin, aye. The motion carried 7-0-0. B. Purchase of Wildland Apparatus Fire Chief Mike Wood requested approval of the purchase of “Wildland Apparatus” and associated equipment to replace current unsafe apparatus. Councilman Phillips confirmed that the truck is being purchased from State Contract and the equipment from local vendors. Councilman Nichols confirmed the truck is $35,000.00 and the equipment is $15,000.00. Following discussion a motion was made by Councilman Rankin and seconded by Councilman Honn that the requested approval of the purchase of “Wildland Apparatus” and associated equipment to replace current unsafe apparatus, as presented, be approved.  CITY COUNCIL MINUTES JANUARY 9, 2012 PAGE 8 Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Neal, aye; Mayor Burdge, aye; Vice Mayor Nichols, aye; Councilman Jackson, aye; Councilman Honn, aye; Councilman Phillips, aye. The motion carried 7-0-0. 11. 10th Street 8-Inch Water Line (Lake Drive to Lakside Park) Project No. W-1201 – Bid No. 992 Public Works Director Derek Campbell requested Council’s approval of the award, of the 10th Street 8-Inch Water Line (Lake Drive to Lakeside Park) project – Bid No. 992, to Cherokee Pride Construction, Inc. in the amount of $57,948.00 and authorization for the Mayor to sign said Agreement. Public Works Director Derek Campbell noted the date on the supporting memorandum should reflect the year as 2012. Councilman Honn questioned why Cherokee’s bid was so much lower than the others. Public Works Director Derek Campbell stated staff also had concerns and contacted Cherokee Pride Construction, Inc. and had them confirm the amount of their bid. Councilman Rankin questioned whether this was the same bidder that did not fulfill their requirements on another City project and Council had to reject the award and award to another contractor. Public Works Director Derek Campbell stated yes. Councilman Phillips questioned whether the City has any protection through the Change Order process. Public Works Director Derek Campbell stated the scope of work is very specific, so the additional work and/or fees would have to be justified. City Attorney David Weatherford stated a bid bond is required, as well as State Statue provide for a 10-percent increase by a change order. It was noted the next lowest bid was $70,500.00. Vice Mayor Nichols noted even with a 10-percent increase the bid would still be lower than the next lowest bid.  CITY COUNCIL MINUTES JANUARY 9, 2012 PAGE 9 Following discussion a motion was made by Vice Mayor Nichols and seconded by Councilman Neal that the requested approval of the award, of the 10th Street 8- Inch Water Line (Lake Drive to Lakeside Park) project – Bid No. 992, to Cherokee Pride Construction, Inc. in the amount of $57,948.00 and authorization for the Mayor to sign said Agreement, as presented, be approved. Mayor Burdge called for the vote recorded as follows: Councilman Phillips, aye; Councilman Honn, aye; Councilman Jackson, aye; Vice Mayor Nichols, aye; Mayor Burdge, aye; Councilman Neal, aye; Councilman Rankin, nay. The motion carried 6-1-0. 12. 2011 Northside Sanitary Sewer Line and Manhole Rehabilitation Project – Project No. S-1102A, Bid No. 987 – Change Order No. 2 Public Works Director Derek Campbell requested Council’s approval of Change Order No. 2 to the Agreement with Ram Utility Construction, Inc. for an increase in the contract amount of $51,976.00 and no increase in contract time for the 2011 Northside Sanitary Sewer Line and Manhole Rehabilitation Project – Project No. S- 1102A, Bid No. 987. Public Works Director Derek Campbell noted the date on the supporting memorandum should reflect the year as 2012. A motion was made by Councilman Neal and seconded by Councilman Phillips that the requested approval of Change Order No. 2 to the Agreement with Ram Utility Construction, Inc. for an increase in the contract amount of $51,976.00 and no increase in contract time for the 2011 Northside Sanitary Sewer Line and Manhole Rehabilitation Project – Project No. S-1102A, Bid No. 987, as presented, be approved. Mayor Burdge called for the voter recorded as follows: Councilman Rankin, aye; Councilman Neal, aye; Mayor Burdge, aye; Vice Mayor Nichols, aye; Councilman Jackson, aye; Councilman Honn, aye; Councilman Phillips, aye. The motion carried 7-0-0. 13. Correspondence The following correspondence was provided to Council for their review and information.  CITY COUNCIL MINUTES JANUARY 9, 2012 PAGE 10 A. Regular monthly bills. B. A letter, dated December 12, 2011, from Oklahoma Department of Environmental Quality regarding Permit No. WL000072110603 – Webco Industries, Inc., City of Sand Springs Facility No. 1020420 for the construction of 128 linear feet of twelve (12) inch PVC potable water line and all appurtenances to serve the City of Sand Springs, Tulsa County, Oklahoma, was attached in the addendum to be noted in the minutes of the regular City Council meeting, after which it will become a matter of permanent record as required by the Department of Environmental Quality. C. A letter, dated December 12, 2011, from Department of Environmental Quality regarding Permit No. SX000072110627 to receive, transport and/or treat flow from Webco Industries S.T.A.R. Center, reference to Permit No. SL000072110604, City of Sand Springs, Tulsa County, Oklahoma, was attached in the addendum to be noted in the minutes of the regular City Council meeting, after which it will become a matter of permanent record as required by the Department of Environmental Quality. 14. City Manager’s Report The City Manager provided updates regarding recent and upcoming events and projects, including events of interest and the general operations of the City, as follows: A. Staff to schedule an Incentive Policy workshop. B. Updated Ward Maps were distributed to Council, as well as updated on the City’s website. C. Incog and CTAG invitation to honor area elected officials for Thursday, January 19, 2012 6:00 p.m. at the OU-Schusterman Center. D. The replacement parts have been ordered for the State Centennial Clock at Page Triangle. 15. Executive Session A) Mayor Burdge informed Council of the request to retire into Executive Session for the purpose of conferring on matters pertaining to economic development, in accordance with O.S. Title 25, Section 307(B)(10); for the purpose of conferring on matters pertaining to appraisal or acquisitions of property in accordance with O.S. Title 25, Section 307(B)(3); and for the purpose of discussion related to City of Sand Springs v. Blossom Day Care, property acquisition for the Wekiwa Road Project, in accordance with O.S. Title 25, Section 307(B)(3) and Section 307(B)(4).  CITY COUNCIL MINUTES JANUARY 9, 2012 PAGE 11 A motion was made by Councilman Phillips and seconded by Councilman Jackson to retire into Executive Session for the purpose of conferring on matters pertaining to economic development, in accordance with O.S. Title 25, Section 307(B)(10); for the purpose of conferring on matters pertaining to appraisal or acquisitions of property in accordance with O.S. Title 25, Section 307(B)(3); and for the purpose of discussion related to City of Sand Springs v. Blossom Day Care, property acquisition for the Wekiwa Road Project, in accordance with O.S. Title 25, Section 307(B)(3) and Section 307(B)(4). Mayor Burdge called for the vote recorded as follows: Councilman Phillips, aye; Councilman Honn, aye; Councilman Jackson, aye; Vice Mayor Nichols, aye; Mayor Burdge, aye; Councilman Neal, aye; Councilman Rankin, aye. The motion carried 7-0-0. Mayor Burdge, Vice Mayor Nichols, Councilman Phillips, Councilman Honn, Councilman Jackson, Councilman Neal, Councilman Rankin, City Manager Rocky Rogers, Assistant City Manager E. Bruce Ford, City Attorney David Weatherford, Public Works Director Derek Campbell and Economic Development Director Terry Walters retired into Executive Session at the noted time of 7:41 p.m. Discussion was held in regards to the items as listed on the agenda. B) Following the Executive Session, a motion was made by Councilman Phillips and seconded by Councilman Jackson to return to the City Council meeting. Mayor Burdge called for the vote recorded as follows: Councilman Rankin, aye; Councilman Neal, aye; Mayor Burdge, aye; Vice Mayor Nichols, aye; Councilman Jackson, aye; Councilman Honn, aye; Councilman Phillips, aye. The motion carried 7-0-0. Council returned to the City Council meeting at the noted time of 8:50 p.m. C) Mayor Burdge requested if there were any actions, including adoption of Resolution No. 12-23 to authorize the Mayor and or his designee to sign necessary documents on the swap of properties with the Church and future property transfers and or conveyance, deemed appropriate by the City Council, to be taken as a result of the Executive Session.  CITY COUNCIL MINUTES JANUARY 9, 2012 PAGE 12 A motion was made by Councilman Phillips and seconded by Councilman Neal for the adoption of Resolution No. 12-23 to authorize the Mayor and or his designee to sign necessary documents on the swap of properties with the Church and future property transfers and or conveyance, deemed appropriate by the City Council. Mayor Burdge called for the vote recorded as follows: Councilman Phillips, aye; Councilman Honn, aye; Councilman Jackson, aye; Vice Mayor Nichols, aye; Mayor Burdge, aye; Councilman Neal, aye; Councilman Rankin, aye. The motion carried 7-0-0. 16. Adjournment It was noted the Tulsa Metro Chamber is holding the Tulsa Regional Legislative Reception at the Summit Club on January 26, 2012, from 5:00 to 7:00 p.m. There being no other discussion, the meeting adjourned at the noted time of 8:52 pm. ____________________________ E. Bruce Ford, City Clerk